quiz (all areas) Flashcards
what must the claimant establish for a case in general negligence
defendant owed them a duty of care, defendant was in breach of that duty, resulting damage was a direct result of that breach
what case established a duty of care between manufacturers and consumers
Donoghue v Stevenson
name 3 common situations where there is an automatic duty of care
doctors, parents, teachers
which case established the proximity test and what is it
Caparo Industries v Dickman
reasonably foreseeable harm, proximity, just fair & reasonable
list all policy issues (6)
loss allocation, practical considerations, moral considerations, professional protection, constitutional arguments, deterrent value
when does a duty to act exist
a person has undertaken a task he has a duty to perform carefully, personal relationship, harm or loss is caused by 3rd party whom the defendant should control
list all risk factors (5)
likelihood of risk, magnitude of risk, special standards, reasons for taking risk, cost v practicality
what test does causation use
“but for”
3 situations which courts will consider for claims where the loss is not entirely foreseeable
was the kind of damage within a general category of a type of foreseeable loss, where the loss is foreseeable but the way it happened was not, where the loss is foreseeable but the extent isn’t (egg shell skull)
defences to general negligence (2)
contributory negligence, consent
how is a duty obvious (doctor to patient)
reasonably foreseeable that injury can occur if doctor fails to take care of patient
who are doctors compared to
equally qualified doctor
why is Res Ipsa Loquitur necessary in medical knowledge
difficult to establish clear sequence of events as they are usually unconscious
what must claims in nervous shock involve
an actual recognised psychiatric condition resulting from the shock of an incident
why have claims in medical negligence failed over the years (3)
medical knowledge at the time didn’t recognise the illness, fear the claimant was faking symptoms, to prevent floodgates effect
what are primary victims
people who are so in fear for their own safety that they suffer psychiatric injury
what are secondary victims
those witnessing traumatic events involving close family victims
what are rescuers
mostly professional rescuers who could not have been trained to witness these events
what did ALCOCK establish secondary victims had to prove (4)
proximity (time & space, relationship), shock resulting from witnessing event or immediate aftermath, “sudden appreciation of horrifying event”
how can a claim take place in product liability (2)
general negligence, statutory protection under The Consumer Protection Act 1987
why were claims difficult under general negligence in product liability (3)
if everyone was doing the same thing in that industry there would be no breach, sometimes nothing could be proven through causation, defences allowed
who can claim under the CPA 1987
a consumer who has suffered damage from the product
who can you claim against under the CPA 1987 (4)
producer, first importer into UK, anyone holding themselves out to be producer (own brands), abstractor of product (raw materials)
minimum limit for property damage under CPA 1987
£275 - excluding product itself
minimum limit for personal injury under CPA 1987
no lower limit
list the ways there has to be a defect under CPA 1987 (3)
design defect, manufacturing defect, failure to warn defect
what does S.3 of the CPA 1987 state courts will look at when deciding on defects (4)
advertising claims, instructions, use, is the product up to expected standards
what is the product under CPA 1987
anything that goes through manufacturing process
